Des Farges v. . Pugh
Supreme Court of North Carolina
Contract — Fraud—Intent—Insolvency. This was AN ACTION tried before Avery, Judge, at Spring Term, 1884, of the Superior Court of Bertie County, upon the following complaint and demurrer, viz.: 1. That plaintiff is now, and was at the date hereinafter stated, engaged in the business of a bookseller in the city of Baltimore, Maryland. 2. That the defendant fraudulently contriving and intending to deceive and defraud plaintiff of the following law books, to-wit: Ten volumes of…
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Contract — Fraud—Intent—Insolvency. This was AN ACTION tried before Avery, Judge, at Spring Term, 1884, of the Superior Court of Bertie County, upon the following complaint and demurrer, viz.: 1. That plaintiff is now, and was at the date hereinafter stated, engaged in the business of a bookseller in the city of Baltimore, Maryland. 2. That the defendant fraudulently contriving and intending to deceive and defraud plaintiff of the following law books, to-wit: Ten volumes of Wharton’s Criminal Law, one volume of Wharton’s Criminal Evidence, one volume of Wharton’s Pleading and Practice, and…
1Opinion of the CourtAshe, J.
The action is Claim and Delivery, and the demurrer filed by the defendant raises the only question for our consideration, which is: does the complaint state facts sufficient to constitute a cause of action? and the special grounds assigned are:
(I). That the complaint and affidavit and pleading of plaintiff do not show fraud.
(II). That they do not allege such fraud, if any, as entitles her to the remedy she seeks.
(III). No such fraud is alleged as to prevent the title to the property passing to the defendant.
We are of the opinion his Honor committed an error in sustaining the demurrer.
The…
2Cases cited2 opinions
- Norton v. SwitzerSupreme Court of the United States · 1876
- Wilson v. . WhiteSupreme Court of North Carolina · 1879
3Cited by22 opinions
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- Erskine v. . Motors Co.Supreme Court of North Carolina · 1923
- Erskine v. Chevrolet Motors Co.Supreme Court of North Carolina · 1923
- Hill v. Gettys.Supreme Court of North Carolina · 1904
- Bank v. . YelvertonSupreme Court of North Carolina · 1923
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